HomeMy WebLinkAboutContracts & Agreements_128-2012_CCv0001.pdf AGREEMENT TO PERFORM ENVIRONMENTAL CONSULTING SERVICES
ASSOCIATED WITH THE CITY OF REDLANDS' LANDFILL
This agreement for the provision of environmental consulting services for the City of
Redlands ("Agreement") is made and entered into this 71' day of June,2012 ("Effective Date"), by
and between the City of Redlands.a municipal corporation("City")and Tom Dodson and Associates
(-Consultant"). City and Consultant are sometimes individually referred to herein as a"Party and,
together, as the "Parties." In consideration of the mutual promises contained herein, City and
Consultant agree as follows:
ARTICLE I - ENGAGEMENT OF CONSULTANT
1.1 City hereby,engages Consultant for the provision of environmental consulting services
associated with the City of Redlands California Street Landfill (the "Services").
L-) The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the Services
to City at a level of competency presently maintained by other practicing professional
consultants in the industry providing like and similar types of Services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit
"A," entitled"Scope of Services," which is attached hereto and incorporated herein by
reference.
222 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, the Americanswith
Disabilities Act, the Fair Employment and Housing Act and prevailing wage laws.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
3.2 City designates Mr. Oscar Orci as City's representative with respect to performance of the
Services, and such person shall have the authority to transmit instructions,receive
information, interpret and define City's policies and decisions with respect to
performance of the Services.
ARTICLE 4 - PERFORMANCE OF SERVICES
4.1 Consultant shall perform the Services in a prompt and diligent manner and in accordance
zn
with the schedule set forth in Exhibit "A."
4.2 During the term of this Agreement, City may request that Consultant perform Extra
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Services. As used herein, "Extra Services means any work that is determined necessary
by City for the proper completion of the project or work for which the Services are being
performed, but which the Parties did not reasonably anticipate would be necessary at the
time of execution of this Agreement. Provided the Extra Services do not exceed twenty
percent(20%)of the compensation to be paid by City to Consultant for the Services, such
Extra Services may be agreed to by the Parties by written amendment to this Agreement,
executed by a duly authorized City official in accordance with Chapter 2.16 of the
Redlands Municipal Code. Consultant shall not perform, nor be compensated for, Extra
Services without such written authorization from City.
ARTICLE 5 - PAYMENTS TO CONSULTANT
5.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Five Thousand Dollars($5,000). City shall pay Consultant on atime and materials
basis up to the not to exceed amount, in accordance with Exhibit "B." entitled "Rate
Schedule" which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the work performed during the
preceding month. Consultant's invoices shall include a brief description of the Services
performed,the dates the Services were performed,the number of hours spent and by whom,
and a description of reimbursable expenses related to the project. City shall pay Consultant
no later than thirty (30) days after receipt and approval by City of Consultant's invoice.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
Citv Consultant
Oscar Orci Mr. Tom Dodson
Development Services Director President
City of Redlands Tom Dodson and Associates
210 E. Citrus 2150 North Arrowhead
PO Box 3005 (mailing) San Bernardino, CA 92405
Redlands.CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices and payments are
to be given by giving notice pursuant to this section 53.
ARTICLE 6 - INSURANCE AND INDEMNIFICATION
6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services unless and
until required insurance listed below is obtained by Consultant. Consultant shall provide
City with certificates of insurance and endorsements evidencing such insurance prior to
commencement of the Services. Insurance policies shall include a provision prohibiting
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cancellation or modification of the policy except upon thirty (30) days' prior written
notice to Citv.
62 Consultant shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the duration of its performance of the Services in accordance with
the laws of the State of California, with an insurance carrier acceptable to City as
described in Exhibit "C," entitled "w=orkers' Compensation Insurance Certification,"
which is attached hereto and incorporated herein by this reference.
6.3 Consultant shall secure and maintain in force throughout the term of this Agreement
comprehensive general liability insurance with carriers acceptable to City. Minimum
coverage of One Million Dollars($1,000,000)per occurrence and Two Million Dollars
($2,000.000) aggregate for public liability,
property damage and personal injury is
required. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the
policy except upon thirty (30) days prior written notice to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
Certificates of insurance shall be delivered to City prior to commencement of the
Services.
6.4 Consultant shall have business auto liability coverage, with minimum limits of One
Million Dollars($1,000,000) per occurrence, combined single limit for bodily injury
liability and property damage liability. This coverage shall include all Consultant owned
vehicles used in connection with Consultant's provision of the Services, hired and non-
owned vehicles, and employee non-ownership vehicles. City shall be named as an
additional insured and a certificate of insurance and endorsement shall be delivered to
City prior to commencement of the services. Such insurance shall be primary and non-
contributing to any insurance or self insurance maintained by City.
L_
6.5 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by and negligent act, omission or failure to act by Consultant, its officers, employees and
agents in performing the Services.
ARTICLE 7 - CONFLICTS OF NTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the perforitiance of Consultatif s Services. Consultant further covenants and
represents that in the performance of its duties hereunder., no person having any such
interest shall perform any Services under this Agreement.
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7.2 Consultant agrees it is not a designated employee within the meaning of the Political
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Reform Act because Consultant:
A. Does not make or participate in:
(i)the making or any City governmental decisions regarding approval of a rate,
rile or regulation., or the adoption or enforcement of laws,
(ii)the issuance, denial, suspension or revocation of City permits, licenses,
applications, certifications,approvals,orders or similar authorizations or entitlements;
(iii)authorizing City to enter into,modify or renew a contract,
(iv) granting City approval to a contract that requires City approval and to which
City is a party,or to the specifications for such a contract;
( )granting City approval to a plan, design, report, study or similar item,
(6)adopting, or granting City approval of,policies,standards or guidelines for
City or for any subdivision thereof.
B. Dees not serve in a staff capacity with City and;in that capacity,participate in
making a governmental decision or otherwise perform the same or substantially the same
duties for City that would otherwise be performed by an individual;holding a position
specified in City's Conflict of Interest Code under Government Code section 87302.
7.3 In the event City,officially determines that Consultant must disclose its financial interests
by completing and fling a Fair Political Practices Commission Form 700, Statement of
Economic Interests. Consultant shall file the subject Form 700 with the City Clerks
office pursuant to the written instructions provided by the Office of the City Clem.
ARTICLE 8 - GENTERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and either
relief,be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party.
82 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance ,vith the terms, and conditions of this recent.
8.3 Project related documents,records,drawings, designs,cost estimates,electronic data
files,dau&wes and any other documents developed.by Consultant in connection with its
performance of the Services, and any copyright interest in such documents, shall become
the property of City and shall be delivered..to City upon completion of the Services, or
4
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upon the request of City. Any reuse of such documents, and any use of incomplete
documents, shall be at City's sole risk:..
8.4 Consultant is for all purposes under this Agreement an independent contractor and shall
performthe Services as an independent contractor. Neither City nor of its agents shall
have control over the conduct of Consultant or Consultant's employees except as herein
set forth.Consultant shall supply necessary tools and instrumentalities required to
perform the Services. Assigned personnelemployed by Consultant e for its account
only,and in no event shall Consultant or personnel retained by it be deemed to have been
employed by Cit or engaged by City for the account of,or on behalf of City.Consultant
shat have no authority, express or implied,to act on behalf of Cityin any capacity
whatsoever as an agent,nor shall Consultant have any authority, express or implied,to
bind City-to any;obligation.
8.5 Unless earlier terminated as provided for below,this Agreement shall terminate upon
completion and acceptance of the Services by City. This Agreement may be terminated by
City,in its sole discretion,by providing five(S)days prier written notice to Consultant
(delivered by certified mail,return receipt requested)of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made,but(1)no amount shall be allowed for anticipated profit or unperformed Services,
and(2)any payment due Consultant at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant,upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and,within five(5)clays of the date of the termination notice,deliver or
otherwise make available to City,copies (in both hard copy and electronic farm,where
applicable)of project related.data, design calculations; drawings, specifications,reports,
estimates,summaries and such ether information and materials as may have been
accumulated by Consultant in performing the Services. Consultant;shall be compensated
on a pro-rata basis for Services completed:up to the date of termination;
8.6 Consultant shall Maintain books,ledgers, invoices,accounts and ether records and
documents evidencing costs and expenses related to the Services for a period of three(3)
years,or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement. Such books shall be available at reasonable times
for examination by City at the office of Consultant.
8.7 This Agreement,including the Exhibits incorporated herein by reference,represents the
entire agreement and understanding between the Parties as to the matters contained
herein,and any prior negotiations,written proposals or verbal agreements relating to such:
matters are superseded by this Agreement. Except as otherwise provided for herein,an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant
8.8 This Agreement shall he gave ed by and construed in accordance with the laws of the
State of California.
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IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS TOM DODSON AND ASSOCIATES
By: By:
Tina Kundig, Finance Director/c— k Tom Dodson, President
Attest,
Aft-City
Sam Irwi , i Jerk,
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EXHIBIT "A"
SCOPE OF SERVICES
A-1
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Tom Do' 'SON & AssC I T s 1150 N.ARROWHEAD AVENUE
SAN BER AR INN,CA 92405
TEL(909)882-36112 « FAX 909)882-7015i.
E-MAIL tdal� tdaenvxo
MEMORANDUM
.lune 20, 2012
From: Tom Dodson
To: Robert Dalques
Subj: Proposal to provide support for resolving the City Landfill boundary issues
At the City's request Torn Dodson & Associates {TDA} submits this proposal to assist the
City in resolving the City Landfill boundary issues with the San Bernardino County Local
Enforcement Agency (LEA). The City is considering sale of the property immediately
south of the Landfill and in conducting a clue diligence review determined that the
Landfill may have encroached within the boundary of the parcel. In order to resolve
this potential boundary conflict, the City has requested TDA's assistance in resolving
this issue with the LEA. TDA anticipates a maximum of 30 hours of work effort in
support of the City in this matter, including meetings and conferences with City Staff.
Including direct costs, TDA requests a budget $5,080 to perforin the necessary tasks as
directed by the City. All effort under this proposal will be performed on a time and
materials basis, not to exceed the $5,000 fee. Invoices to the City will be submitted at
the end of each calendar month based on the amount of effort performed. Should you
have any questions, please do not hesitate to contact me.
Tom Dodson
EXHIBIT "B"
RATE SCHEDULE
B-1
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Tom DODSON & ASSOCIATES
2150 N. ARROWHEAD AVENUE
SAN BERNARDINO, CA 92405
TEL (909) 882-3612 • FAX (909) 882-7015
E-MAIL tda@tdaenv.com
2012 FEE SCHEDULE
Tom Dodson &Associates
Labor: Time spent on behalf of a client will be charged as follows:
Environmental Specialist $150.00 / hour
Regulatory Specialist $105.00 / hour
Biologist/ Ecologist $105.00 / hour
Environmental Specialist 11 $105.00 / hour
Environmental Specialist 111 $72.00 / hour
Biologist 11 $58.00 / hour
Biologist 111 $53.00 / hour
Admin/WP / Graphics $48.00/ hour
Legal Expert Witness $225.00 / hour
Other Direct Costs: All other direct costs (travel, supplies, printing, subcontracts, etc.) are
charged at actual cost plus a 10 percent management/handling charge. Mileage will be billed at
$0.65 per mile.
EXHIBIT ffcff
WORKERS' COMPENSATION INSURANCE CERTIFICATION TO PERFORM
ENVIRONMENTAL CONSULTING SERVICES ASSOCIATED WITH THE CITY OF
REDLANDS' LANDFILL
Every employer except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations,a certificate of consent to self-
insure,either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure4nd to pay any compensation that may become due
to his or her employees.
I am aware of the provisions of Section 3 700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with such provisions before commencing the
performance of the work of this Agreement. (Labor Code §1861).
Tom Dodson and-Associates
By: sr
Tom Dodson Date:
E-I
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